What a nullity case actually is

A declaration of nullity is not a Catholic divorce. It is a careful judgement by a Church tribunal that what looked from the outside like a marriage was, when examined closely, missing one of the things needed for a marriage to come into being. Civil divorce ends a valid marriage. A declaration of nullity says, after investigation, that there never was a binding marriage in the first place.

This is a serious matter. The Church does not start with a presumption that the marriage was invalid. It starts with a presumption that the marriage was valid, and asks the petitioner to bring evidence that something was missing.

Who can apply

Anyone whose marriage has ended in civil divorce or has clearly broken down can apply to a Catholic tribunal for an examination of the marriage. You do not need to be Catholic. A non-Catholic partner who hopes to marry a Catholic in the future is a frequent reason for applying. The case opens with two parties:

• The petitioner who brings the case.
• The respondent, the former spouse, who is informed of the case and given the chance to take part. The respondent is not opposed to the petitioner. They are simply the other party in the marriage being examined.

A third party, the defender of the bond, is appointed by the tribunal. Their role is to argue, where possible, that the marriage was valid. This is a safeguard built into the process to make sure both sides are heard.

Step one: speak to your parish priest

Begin in the parish. The parish priest can listen, ask the right preliminary questions, and write a letter of recommendation. He will also help you understand whether a nullity case is the right route, or whether a different pastoral path applies.

Step two: contact the tribunal

The Marriage Tribunal of the Diocese of Shrewsbury is administered through the Curial Offices. Initial enquiries should go to the curia, which will pass you to the tribunal staff:

• Curial Offices, 2 Park Road South, Prenton, Wirral CH43 4UX
• 0151 652 9855
• curia@dioceseofshrewsbury.org

The tribunal will send you the application pack. This includes a libellus (the formal petition), a personal questionnaire, and guidance on identifying witnesses. Take time over the questionnaire. It is the heart of the case.

Step three: gathering evidence

The case is built from documents and from witnesses.

1. Civil marriage certificate.
2. Decree absolute (the civil divorce).
3. Baptismal certificates for both parties where applicable.
4. A written personal account of the marriage, from courtship to breakdown.
5. Three or four witnesses who knew the couple before, during, or at the breakdown of the marriage. Each is asked to write or be interviewed.

Step four: the tribunal's work

Once the case is accepted, a judge is appointed and the defender of the bond is briefed. Witness statements are gathered. If specialist evidence is helpful (medical, psychological, pastoral) the tribunal can request it. The respondent is contacted and offered the chance to take part.

When all the evidence is in, the case is published to both parties for any final comments. The judge then writes a sentence (the formal judgement). If the marriage is found to be invalid, that decision is reviewed at a second instance before becoming final.

How long it takes

A typical case in Shrewsbury runs twelve to eighteen months from the date the libellus is accepted. Some cases are quicker. Cases involving witnesses overseas or specialist medical evidence can take longer. Pope Francis simplified the procedures for clearer cases in 2015, and the diocese applies these where they fit.

What it costs

The tribunal asks for a contribution towards costs. The published figure is a guideline, and costs are negotiable in cases of genuine hardship. No one is refused a hearing because they cannot pay. Discuss this openly with the tribunal at the start.

If the marriage is declared null

A declaration of nullity says that what was attempted was not a binding marriage in the eyes of the Church. It does not affect the legitimacy of children, which is treated separately under canon law and is presumed in any case. After a final declaration, the parties are free to marry in the Catholic Church, subject to the usual marriage preparation and any specific conditions the tribunal has attached.

If the marriage is upheld

If the tribunal finds in favour of the bond, the marriage stands. The petitioner can appeal, but the original judgement carries weight. Pastoral care continues. The parish priest is a key support at this point.

Practical contacts

• Curia and tribunal: curia@dioceseofshrewsbury.org, 0151 652 9855
• Parish priest, for the first conversation and for ongoing pastoral support.

People sometimes put off the conversation for years because they assume it will be intrusive. The tribunal staff are pastoral, careful, and used to hearing difficult stories. The earlier you make contact, the sooner the question is answered.